Legal Question in Real Estate Law in New York

Re: Commission

File a lien on the property. Speak with the County Clerks Office.

Re: Commission

You may be entitled to both a lien on the property and contractual damages through your broker agreement.

Re: Commission

Attempt to file a lien and sue the seller for your commission.

Re: Commission

If you have a written commission agreement, it is enforceable against the Seller, even if the proceeds of sale are insufficient to cover it. I suggest collecting as much as possible from the closing proceeds and then suing the Seller for any difference. Your commission is not a priority over liens, so you cannot be paid first. If you have no written agreement, you could get stuck for the differential, as most states require that agreements involving real estate be in writing. You can sue anyway, but may have a harder time collecting. You cannot get a lien against the property as the contract probably states that your comission is not earned until the closing actually occurs.

Re: Commission

You should try to resolve this issue with the attorney for the seller and the attorney for the buyer prior to the closing. It is likely that the buyer's attorney will want to make sure that you get paid so that there is no chance that his/her client's title is not adversely affected by any claim that you may have.

You should consult with an attorney to protect your interests.